Smith v. Des Moines & Central Iowa Railroad

Plaintiff’s petition declares upon 26 counts, each count stating a separate cause of action. The plaintiff sues as assignee of such causes of action. Each cause of action is predicated upon a loss of coal in transit from eastern points to the city of Des Moines. The consignee in each case was the Evans-Lloyd Fuel Company, which company is the assignor of plaintiff. The respective shortages in 26 carloads are set forth, and damages claimed therefor in the 26 counts. The shipments were made on various dates between December 5, 1927, and April 23, 1928. An assignment of each cause of action was…